§ 138.60 - Forms and submissions; ensuring submission timeliness.  


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  • § 138.60 Applications, general instructionsForms and submissions; ensuring submission timeliness.

    (a) You may obtain an Application for Vessel Certificate of Financial Responsibility (Water Pollution) (Form CG-5585) by following the instructions in §§ 138.40 and 138.45.

    (b) Your Application and all supporting documents must be in English, and express

    Where to obtain forms. All forms referred to in this subpart are available at the NPFC COFR program website, https://npfc.uscg.mil/cofr/default.aspx, and may be completed online or downloaded.

    (b) Where to obtain information. Direct all questions concerning the requirements of this subpart to the NPFC at one of the addresses in paragraphs (c)(1)(ii) through (iv) of this section or by calling the NPFC at 202-795-6130.

    (c) How to present Applications and other required submissions.

    (1) Provide all submissions required by this subpart to the Director, by one of the following four methods:

    (i) Electronically, using the eCOFR process (located at https://npfc.uscg.mil/cofr/default.aspx);

    (ii) By email, sent to such email address as the Director may specify, attaching legible electronic images scanned in a format acceptable to the Director;

    (iii) By fax, sent to 202-795-6123 with a cover sheet specifying the total number of pages, the sender's telephone number, and referencing NPFC telephone number 202-795-6130; or

    (iv) By mail, addressed to -

    Director, National Pollution Funds Center, ATTN: VESSEL CERTIFICATION, U.S. Coast Guard Stop 7605, 2703 Martin Luther King Jr. Ave. SE, Washington, DC 20593-7605.

    (2) Submissions may not be hand delivered to the NPFC.

    (3) Do not present submissions by more than one method.

    (d) Required contents of submissions. Unless otherwise instructed by the Director, all submissions required by this subpart must -

    (1) Set forth, in full, the correct legal name of the COFR Operator to whom the COFR is to be, or has been, issued;

    (2) Be in English, and

    (3) Express all monetary terms in United States dollars.

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    c) An authorized official of the applicant must sign the signature page of the Application. The title of the signer must be shown in the space provided on the Application. The operator must submit the original signature page of the Application to NPFC in hard copy.

    (d) If the signer is not identified on the Application as an individual (sole proprietor) applicant, a partner in a partnership applicant, or a director, chief executive officer, or any other duly authorized officer of a corporate applicant, the Application must be accompanied by a written statement certifying the signer's authority to sign on behalf of the applicant.

    (e) If, before the issuance of a Certificate, the applicant becomes aware of a change in any of the facts contained in the Application or supporting documentation, the applicant must, within 5 business days of becoming aware of the change, notify the Director, NPFC, in writing, of the changed facts.

    e) Ensuring the timeliness of submissions; requesting deadline exceptions.

    (1) Compliance with a submission deadline will be determined based on the day the submission is received by NPFC. If a deadline specified in this subpart falls on a weekend or Federal holiday, the deadline will occur on the next business day.

    (2) Ensuring the timeliness of the submissions is the sole responsibility of the person making the submission.

    (3) The Director may, in the Director's sole discretion, grant an exception to a deadline specified in this subpart for good cause shown.

    (f) Public access to information. Financial data and other information submitted to the Director is considered public information to the extent required by the Freedom of Information Act (5 U.S.C. 552) and permitted by the Privacy Act (5 U.S.C. 552(a)).